One of the true barriers to so-called Obamacare is the most important and basic to American Government: The U.S. Constitution. While many Americans are busy protesting various aspects of the boondoggle known as Obamacare, a lot of us have wondered, now and then, just how this is supposed to work within the Constitutional boundaries our Public Servants are pledged to follow.
An op-ed in the Washington Post, by David Rivkin Jr. and Lee Casey, nails the basic illegality of Obamacare. Read it, if you haven't already.
Bookworm, a lawyer by trade, posts on this, noting Ed Morrissey's dead-on comments regarding Obamacare:
"Most states now require drivers to have auto insurance before issuing drivers licenses, car registrations, or both. However, that doesn't apply here for three reasons. First, that power rests with the individual states, as they are the licensing authorities and not the federal government. Second, driving is not a right but a privilege, which gives access to state-owned roads in exchange for a demonstration of competence and appropriate safety and insurance preparation, so the state can and does set conditions on that privilege (too many, but that's an argument for another day). Third, because the insurance is conditioned on that privilege, it only affects a portion of the populace. The states could not demand universal auto insurance on every man, woman, and child in their state."
Morrissey goes on to dismantle the Constitutionality of the Obamacare proposals and possible end-arounds that Statists may also attempt.
Americans have become placid in their acceptance of un-Constitutional Federal hand-outs, from Social Security to the Department of Education. Despite the fact that the Constitution had two purposes - create a Federal Government and describe how it works, and sharply fence in that Federal Government's powers - almost from the beginning of this Republic our elected Representatives have striven to expand Federal power (and their own, of course) and buy votes through welfare-type legislation. Any transfer of wealth (except those which are allowed under the Constitution of The U.S. or its States), of any kind, from the person or persons who own that wealth, to another person or persons who have not earned it, is a form of welfare. It is also not legal under the Constitution for the Federal Government to enact such transfers. Not without the express consent of those whose wealth is being taken.
You can argue all you wish that things like Social Security provide a safety net for those Americans who need help. That is well and good. But the Feds have no moral or legal authority to force the American public to pay for such things. If government lawyers and accountants wish to provide free help in setting up private foundations, etc. which act in the manner of Social Security, Welfare, et al, then let them do so. That's their right as Free Americans. To allow the Federal Government to step in and mandate such things is illegal.
But, as I said, we've become accepting of such things. And that attitude leads inexorably to such un-Constitutional proposals as so-called Obamacare.
Remember the brouhaha over FEMA and the reaction to Hurricane Katrina's aftermath? FEMA, had it existed as solely a private concern, may have acted with the speed and efficiency of Wal-Mart. Remember how that private - and politically vilified, by the Left - company had water, ice, and foodstuffs, flowing into the area within hours? Our ponderous and inefficient government could not act as swiftly. Nor was it legally permitted to do so, within Constitutional boundaries, save for activating the National Guard to provide protection while rescue and rebuilding began.
Yes, the Federal Government has money to spare, and the manpower to act. But the money is taken from us, by force. If a billion dollars are wasted or corruptly misappropriated, the Feds may or may not respond. But we are the ones whose money is lost. The manpower is also not entirely Constitutional, save for the Armed Forces. All those bureaucrats, apparatchiks, and minor functionaries, are simply the bastard children of a bloated, un-Constitutional Federal Government.
Obama is supposed to be a Constitutional Scholar, former Lecturer, and all-around smart cookie. But his very public gaffes and faux understanding of things Biblical, Historical, and Social reveal none of these supposed smarts. And his proposals regarding a universal Health Care system are far outside the limits imposed by the Constitution. As he well knows. As do the Leftists who infest the Government at all levels.
“Constitution? We don’t need no stinkin’ Constitution!”
Argue the merits, or lack thereof, of individual aspects of the Obamacare proposal boondoggle all you want (Dr. Rosenbloom has a very good article at American Thinker). But at the end of the day recognize that this is not simply unsustainable economically, but utterly illegal. Illegal as Hell!
Obamacare must not be allowed to pass in any way, shape, or form. And any elected Representative who votes for it, or its constituent parts, should be voted out of office at the earliest possible moment.